Arthur v. State

PÓSTER, J.

The indictment contained two counts, the first count charging the defendant with ■ distilling or making alcoholic liqu.or; the second count charging that the defendant had in Jhis possession, a still, etc.

The court gave the' general affirmative charge for the defendant as to the first count,'and the jury’s verdict was:

“We the jury find the defendant guilty of distilling as charged- in the second count of the indictment.”

The evidence for the state tended to show that defendant had a pasture on the plantation of one Kirkpatrick in Dallas county, that the defendant was in the pasture…